Roderick v. Lake
New Mexico Court of Appeals
778 P.2d 443 (1989)
Roderick (plaintiff) was injured when his car struck two horses owned by Edgar Lake and Roland Hohenberg that had escaped through a gate on property owned by Edgar's brother Robert (defendant). At trial, Edgar testified he had secured the gate before leaving, but the gate was found sprung open after the accident. The trial court dismissed the claims against Robert (finding no negligence) but held Edgar and Hohenberg jointly and severally liable based on res ipsa loquitur and violation of animal-control statutes. Edgar and Hohenberg appealed.
Whether the burden shifts to each defendant to show he did not cause the harm when the tortious conduct of two or more independent defendants combines to cause injury and the plaintiff cannot prove how to apportion damages.